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, 1 loc�le of the Project; and(ii)using a level of effort consistent with by MONTGOMERY WATSON: interpretation or modification of
<br /> the standazd of professional practice as measured on the date hereof the Deliverables; substitution of materials; approval of shop
<br /> in the locale of the Project. EXCEPT AS SET FORTH IN THIS drawings and samples for conformity with the Deliverables; or
<br /> SECTION 8, MONTGOMERY WATSON MAKES NO review of shop drawings and specifications for inconsistencies with
<br /> WARRANTY, EXPRESS OR IMPLIED, WHETT�R OF the Deliverables.
<br /> MERCHANTABII.TI'Y, FTTNESS FOR A PARTICULAR
<br /> PURPOSE OR OTI�RWISE, CONCERNING ANY OF TI-IE 10. LIMITATION OF THE SCOPE OF SERVICES
<br /> SERVICES(OR MATERIAIS USED TT�REIl�FURNISHED BY
<br /> MONTGOMERY WATSON TO CLIENTS. CI.IENTS acknowledge that except to the extent included in the
<br /> Services, MONTGOMERY WATSON has had no role in
<br /> (b)Q.IEN'I'S shall be responsible for the cost of permits and licenses generating,treadng,storing or disposing of Waste Materials which
<br /> required in connection with the Project and the Services. may be present on property owned by CLIENTS or other property
<br /> MONTGOMERY WATSON shall assist CI.IENTS in procuring included in the Project site,and MONTGOMERY WATSON has
<br /> same if at no cost to MONTC'�OMERY WATSON.MONTGOMERY not benefited from the processes that produced such Waste
<br /> WATSON shall be responsible for the cost of permits and licenses, Materials. No Waste Materials encountered by MONTGOMERY
<br /> if any,required for MONTGOMERY WATSON to conduct business WATSON in performing,or associated with,the Services shall at
<br /> in the state where the Project is located. any dme be or become the property of MONTGOMERY
<br /> WATSON. Any arrangements made by MONTGOMERY
<br /> (c} MONTGOMERY WATSON's performance of the Services is WATSON for the treatment,storage,transport or disposal of any
<br /> subject to the following, for which MONTGOMERY WATSON Waste Materials are made solely and exclusively for the benefit of
<br /> shall have no liability for its non-negligent acts: commonly used CLIENTS using CLIEN'I'S'EPA generator idendfication number(s)
<br /> exploradon methods such as drilling, boring or trench excavadon when required. CLIENTS shall handle all Waste Materials in
<br /> involve an inherent risk of unavoidable contamination of previously compliance with applicable Law and standards. CLIENTS shall
<br /> uncontaminated media and natural resources by existing Waste sign manifests and obtain generator identifica[ion numbers when
<br /> Materials, even where performed in compliance with Paragraph 8(a), required by Law or when requested by MONTGOMERY
<br /> and MONTGOMERY WATSON shall not be responsible for WATSON. MONTGOMERY WATSON shall furnish to CLIENTS
<br /> correcting the foregoing; data about site conditions and Waste the names of facilities currently licensed to accept the Waste
<br /> Materiai properties obtained at different times can vary, and the Materials, but it shall be CLIEN'TS' sole responsibility to select
<br /> interpretation of conditions at the Project site is subject to these those to be engaged by CLIENTS. Nothing contained in this
<br /> variations; Laws reladng to control, clean-up and remediation of Agreement shall confer on MONTGOMERY WATSON the status
<br /> Waste Materials may purport to require achievement of results which of(a)a generator,storer,disposer or treater of Waste Materials,(b)
<br /> are not feasible(e.g.,the conswc6on of impermeable liners);certain the party who arranged for the disposal of Waste Materials,or(c)a
<br /> projects,such as hazardous substance,waste or sanitary landfill sites, Waste Materials disposal facility,as provided in any Law.
<br /> may not perform over time as anticipated by CI.IENTS, even if
<br /> MONTGOMERY WATSONs Services are performed in accordance 11. INSURANCE
<br /> with Paragraph 8(a);and the discovery of certain conditions and/or
<br /> performance of prevenflve measures relative to them may reduce the Upon request, MONTGOMERY WATSON shall furnish to
<br /> property's value. CLIENTS waive any claim against CLIENTS copies of insurance certificates evidencing that it
<br /> MONTGOMERY WATSON reladng to the foregoing. maintains the following coverage's while performing Services,
<br /> subject to the terms and conditions of the policies:
<br /> 9. DELNERABLES
<br /> TYPE AMOUNT
<br /> (a) All reports, drawings, plans, designs, specificadons and other Workers Compensation Statutory
<br /> documents and work product generated or maintained by Employers'Liability $1,000,000
<br /> MONTGOMERY WATSON under this Agreement,whether or not each occunence
<br /> delivered to Q,IENTS(collec6vely,the"Deliverables")are part of
<br /> the Services. Except as provided in Pazagraph 6, the Deliverables Commercial General $1,000,000
<br /> generated or maintained pursuant to a particular Work Order shall Liability each occurrence
<br /> become CLIENTS' property upon payment in full of all amounts $2>000,000 aggregate
<br /> payable thereunder. MONTGOMERY WATSON shall retain one
<br /> (1)set of all Deliverables for its files. MONTGOMERY WATSON Automobile Liability $1,000,000
<br /> shall have no liability for use of the Deliverables other than for the each occunence
<br /> project for which they were specifically prepared. CLIENTS
<br /> acknowledge that they have engaged MONTGOMERY WATSON Excess coverage $5,000,000
<br /> to render Services as described in this Agreement and the Work for Employer's,Auto and
<br /> Order, and that the Deliverables do not reflect legal advice, legal Commercial General Liability
<br /> opinions or conclusions about legal requirements.
<br /> Professional Liability $5,000,000
<br /> (b)MONTGOMERY WATSON shall not be responsible for losses
<br /> or expenses arising out of or resulting from the following activities Contractor s Pollution $5,000,000
<br /> by CLIENTS or third parties with respect to Deliverables provided Liability
<br />
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